CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The US FAA has issued AD 2006-26-13 affecting Boeing B747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/B747/267. The cancellation will become effective on 15 March 2007. The original unsafe condition has been corrected by AD/B747/297 Amendment 1.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia and to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory framework is designed to address the need for ongoing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 and its associated regulations reflect Australia's commitment to international cooperation and adherence to ICAO conventions, ensuring that the continuing airworthiness of aircraft is maintained effectively and consistently.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, authorise the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types and aeronautical products. Specifically, regulation 39.001 grants CASA this authority, and subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby recognising them as legislative instruments. The scope of these directives extends to all aircraft and aeronautical products registered in Australia, aligning with international standards set forth by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design maintains responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must then ensure these international directives are implemented in accordance with local requirements. In the context of the specific AD 2006-26-13 issued by the US Federal Aviation Administration (FAA) concerning Boeing B747 model aircraft, CASA has assessed and cancelled the corresponding Australian AD/B747/267 due to the resolution of the unsafe condition by AD/B747/297 Amendment 1. This action reflects Australia's adherence to international obligations and the assessed adequacy of the corrective action taken by the FAA.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 revolve around the issuance and enforcement of airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to make regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, certain obligations and requirements are imposed on the parties and entities governed by these laws. The State of Design, which is the country where an aircraft type is designed, has the overall responsibility for ensuring the continuing airworthiness of that aircraft type. This responsibility includes providing necessary information to the States of Registry, which are the countries where individual aircraft are registered. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the requirements. In the context of the AD 2006-26-13 issued by the US Federal Aviation Administration (FAA) for Boeing B747 model aircraft, CASA assessed the directive and cancelled Australian AD/B747/267, which will become effective on 15 March 2007, following the resolution of the unsafe condition by AD/B747/297 Amendment 1.
There are potential consequences for non-compliance with the ADs and the regulations set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The legislation does not explicitly outline specific offences, penalties, or consequences for breaches of the ADs. However, the overarching nature of the Act and the Regulations suggest that failure to comply with ADs could lead to civil or criminal liability, potentially including fines and imprisonment, depending on the severity of the breach. Furthermore, as ADs are considered legislative instruments, failure to comply with them may also result in legal action being taken by CASA against the non-compliant party or entity. It is essential for all parties involved to adhere to the ADs and regulations to ensure the safety of air navigation and the continuing airworthiness of aircraft.